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HomeMy WebLinkAboutO-08861CtM/s 6/26/78 ORDINANCE NO ?� 6._1 ;. AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE COMPREHENSIVE EONING ORDINANCE OP THE CITY OP MIAMI, 8Y AMENDING ARTICLE II, SECTION 2, TO PROVIDE DEPINITIONS IO1. FACILITIES POR DEVELOPMENTAL DISABILITIES; ADDING ARTICLE IV, SECTION 45, TO PROVIDE INTENT AND STANDARDS FOIE LOCATION AND APPROPRIATENESS; ADDING A NEW SUB- PARAGRAPH (f) TO PARAGRAPH (4a) TO PERMIT THESE FACILITIES AS A CONDITIONAL USE IN R-2 DISTRICTS; AND BY AMENDING PARAGRAPH (11) (c) OP ARTICLE VIII, SECTION 1, TO ALLOW THESE FACILITIES IN R-4 DISTRICTS; REPEALING ALL ORDINANCES, CODE SECTIONS OIL PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. WHEREAS, the Miami Planning Advisory Board at its meeting of June 21, 1978, Item No, 2, following an advertised hearing, adopted Resolution No. PAB 28-78 by a 4 to 0 vote (4 members absent) recommending amendments to Ordinance No. 6871, the Comprehensive Zoning Ordinance of the City of Miami, as hereinafter set forth; and WHEREAS, the Commission deems it advisable and in the best interest of the City of Miami and its inhabitants to amend said ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City of Miami Comprehensive Zoning Ordinance No. 6871, Article II, Section 2 Definitions, be and the same is hereby amended by adding a new paragraph 58-A to read as follows: (58-A) RESIDENTIAL GROUP HOMES FOR DEVELOP- MENTAL DISABILITIES. A residential facility for more than five persons with developmental disabilities, such as mental retardation or cerebral palsy. Section 2. The City of Miami Comprehensive Zoning Ordinance No, 6871, Article IV General Provisions, be and the same is hereby amended by adding a new Section 45 to provide intent and standards for location and appropriateness, to read as follows; SECTION 4ItEN' AL thtOUI 1#OM1S 1OR bEVELOPMENTAL bISAbILITIEg Residential group hones for tore than five persons with developmental disabilities including, but not limited to dental retardation programs, if approved by the appropriate regulatory agencies, shall be subject to the following .erring requirements and limitations (1) Area Location Standardg The group home shall be geographically located and constructed to meet City and program objectives including: (a) To encourage county -wide distribution and to discourage massing in neighborhoods not less than 2500 feet shall separate the facility from other similar facilities or other programs such as sub- stance abuse or alcohol rehabilitation. (b) proximity to support services like transportation, employment facilities, religious and educational programs, health and recreational facilities, and shopping, (2) Access Vehicular entrances to the grounds shall not be more than 150 feet from a major street. Not more than one ingress and egress drive shall be provided for each 50 feet of frontage. (3) Minimum Lot Dimensions The lots shall have a minimum width of 100 feet and a minimum area of 10,000 square feet. (4) Location of Buildings Buildings shall provide a twenty foot front and rear yard and a ten foot side yard. (5) Outdoor Recreation Area To meet social and recreational needs, the group home shall provide a minimum of 75 square feet per person or 400 square feet per dwelling unit, whichever is greater, of out- door ground level area. This area shall be located in side or rear yards and suitably landscaped with grass and shade trees; when adjoining another residential lot, at least 5'0" high solid textured wall or hedge shall be provided as a buffer amenity. (6) Housing Standards The group home shall be adequate to meet the program objectives for privacy, light, air, circulation, dining, and sleeping. (7) Landscaping To provide an attractive living environment, one shade tree shall be provided for each 1000 square feet of yard area along with other suitable shrubs, ground cover, grass, and patio areas, ge+ tLoft 3, The City of Miatii ehetis ive toning Crdinaftce No, 6871, Article VI, TWO Family Dwelling R=4 Districts, Section i, Paragraph (4-A) , be and the same is hereby amended by adding a new sub -paragraph (f) to read as follows: (f) ResidentialOroup Homes for Developmental Disabilities, in accordance with Article IV, Section 4.. Section 4, The City of Miami comprehensive Zoning Ot'dinattce No, 6871, Article VIMI, Medium Density Multiple R=4 District, Paragraph 2, be and the same is hereby amended by deleting the existing sub -paragraph (c) and adding a new subparagraph (c) to read as follows. (c) Hospitals, sanitariums, convalescent homes, nursing homes, substance abuse facilities non-residential, medical or dental offices and clinics, and RESIDENTIAL GROUP RODS FOR THE DEVELOPMENTAL DISABILITIES (subject to the provisions of Article IV, Section 45), Section 5. That all laws or parts of laws in conflict herewith be, and the same are hereby repealed insofar as they are in conflict. Section 6. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 27th day of JULY , 1978. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28 day of SEPTEMBER 1978. ATTEST; CZ-Cle LPH G, ONGIE, CITY CLERR PREPARED AND APPROVED BY: R ` TIAER ASSISTANT CITY ATTORNEY MAURICE A. FERRE MAURICE A, FERRE, M A Y O R APPROVED AS TO FORM AND CORRECTNESS: OX, .' ; ,i," ATTQ' EY MI MI i VIEW AP4b BAfit titeorlib Published bitty eirtepf Safurday. Sofa? f# Le* HottdByt NAfafii, bade t aunty, Florida, S'iAt€ OF FLORIDA COuNtY of bAbE: before the undersigned autftorlty per'xofialiy a!• peered Sitrah Wath itilarns, who on oSays that She lilt* Director of Legal Advertising of the Mitiftii RevI * Afid Daily Record. a daily (except Saturda, SUnda Legal.HoIldayS) heWSpaper, published At Ml Dade County, Florida; that the attached copy of ed>tri tisemeht, being a Legal Adverflserhent or Slotted In t matter of id OttY of 41AM/ milt Otdityi lice No. 8861 DECEIVED g.00T 61006 ?t )t R k in the Court. was published in said newspaper in the issues of Oct. 5, 1978 Affiant further says that the Said Miammi Review and Daily Record Is a newspaper published at Miami, th said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said bade County, Florida. each day (except Saturday, Sun- day and Legal Holidays) and has been entered as second class mail matter at the post office In Miami, Ih said bade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afftant further says that she has neither paid nor promised any person, firm or corpora- tion ,.sett,, discount, rebate, com n or refund for the purof securing this t 4 d0t4 r publication in t aid newspap •ae:4-ry'. Scorn tr aht ssuubsc it bed t5efotelmithis ..day otB.2Ct 1 n) }J 19.18 �. : getk*eGetftg yt to of f i0,a'.s/Large (SEAL)i1, (� ►ssss,, My Commission expires Septerr(I1 b, 1981. MR 50 i ipl—, .. 1);...9is. city c.:.±:. City of Mi a till, ',i'a► elti' OP MIAMI, DADS COUNTY, FLORIDA LEOAL'NOM)CE All interested will take notice that oh the 2Ath day at l eptefnber=, Me the City Carntrilstloh of Mimi, Plertda Adapted the tbliowiiig fitted ordihahte: §AtbtNANEE 14: AN ORDINANCE AMENDING ORDINANCE NO, 1,101, THE COMPREHENSIVE CONING ORDINANCE OF THE CITY OP MIAMI, BY AMENDING ARTICLE, It, SECTION 2, TO" PROVIDE DEFINITIONS FOR FACILITIES FOR DEVELOPMENTAL DISABILITIES: AbblNG ARTICLE IV, SECTION it, TO PROVIDE INTENT AND STANDARDS FOR LOCATION AND APPROPRIATENESS: AbbiNG A NEW SUBPARAGRAPH (t) t0 PARAGRAPH Na) TO PERMIT THESE FACILITIES AS A CONDITIONAL USE IN R•2 DISTRICTS; AND BY AMENDING PARAGRAPH (11)(e) OF ARTICLE VI II, SECTION 1, TO ALLOW THESE FACILITIES IN R.4 DISTRICTS; REPEALING ALL ORDINANCES, CODE SECTIONS OP PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN. CONFLICT: AND CONTAINING A SEVERABILITY PROVISION. RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA Publitation of this Notite on the 5 day of October, 1975. 16/5 M 100525 uiiiu■ii•iiiinii■■ ■u■ ME MM ME RECOMMENDING AMENDMENT OF COMPREHENSIVE ZONtNd ORDINANCE NO. 6871 TO PROVIDE FOR RESIDENTIAL FACILITIES FOR DEVELOPMENTAL DISABILITIES BY 1. ADDING A NEW SUB -SECTION 58-A TO ARTICLE II, SECTION 2 TO READ AS FOLLOWS: (58-A) RESIDENTIAL GROUP HOMES FOR DEVELOPMENTAL DISABILITIES A RESIDENTIAL GROUP HOME for more than five persons with developmental disabilities, such as mental retardation or cerebral palsy. 2. ADDING A NEW SECTION 45 TO ARTICLE IV, TO READ AS FOLLOWS: SECTION 45 - RESIDENTIAL GROUP HOMES FOR DEVELOPMENTAL DISABILITIES RESIDENTIAL GROUP HOMES for more than five persons with developmental disabilities including, but not limited to mental retardation programs, if approved by the appropriate regulatory agencies, shall be subject to the following zoning requirements and limitations: (1) Area Location Standards The group home shall be geographically located and constructed to meet City and program objectives including: (a) To encourage County -wide distribution and to discourage massing in neighborhoods, not less than 2500 feet shall sep- arate the facility from other similar facilities or other programs such as substance abuse or alcohol rehabilitation. (b) Proximity to support servies like transportation, employ- ment facilities, religious and educational programs, health and recreational facilities, and shopping. (2) Access Vehicular entrances to the grounds shall not be more than 150 feet from a major street. Not more than one ingress and egress drive shall be provided for each 50 feet of frontage. (3) Minimum Lot Dimensions The lots shall have a minimum width of 100 feet and a minimum area of 10,000 square feet. (4) Location of Buildings Buildings shall provide a twenty foot front and rear yard and a ten foot side yard. (5) Outdoor Recreation Area To meet social and recreational needs, the group home shall provide a minimum of 75 square feet per person or 400 square feet, whichever is greater, of outdoor ground level area. The area shall be located in side or rear yards and suitably landscaped with grass and shade trees; when adjoining another residential lot, at least 5'0" high solid textured wall or hedge shall be provided as a buffer amenity. ) Housing gtandards The group home shall be adequate to meet the prograttt objectives for privacy, light, air, circulation+ dining, and sleeping. (7) Landscaping To prive an attractive living environment, one shade tree shall be provided foreach 1,000 square feet of yard area along with other suitable shrubs, ground cover, grass, and patio areas. 3. ADDING A NEW SUB-PARAGRPH (f) TO PARAGRAPH (4-A), ARTICLE VI TWO FAMILY DWELLING R-2 DISTRICTS, SECTION 1 TO READ AS FOLLOWS: (f) RESIDENTIAL GROUP HOMES FOR DEVELOPMENTAL DISABILITIES, in accordance with ARTICLE IV, Section 45 4. DELETING EXISTING SUB -PARAGRAPH (c) OF PARAGRAPH II,ARTICLE VIII MEDIUM DENSITY MULTIPLE R-4 DISTRICT WHICH CURRENTLY READS AS FOLLOWS: (c) Hospitals, sanitariums, (not including mental institu- tions) convalescent hones, nursinc homes, substance abuse facilities - non residential, medical or dental offices and clinics AND PROVIDING A NEW SUB -PARAGRAPH (c) OF PARAGRAPH II, OF THE SAME ARTICLE AND SECTION TO READ AS FOLLOWS: (c) Hospitals, sanitariums, convalescent homes, nursing homes, substance abuse facilities - non residential, medical or dental offices and clinics, and RESIDENTIAL GROUP HOMES FOR THE DEVELOPMENTAL DISABILITIES (subject to the provisions of ARTICLE IV Section 45).